Tax loss carry-back system: administrative circular letter published
On 22 September 2020, the Belgian tax authorities issued a circular letter (administrative guideline) in relation to the tax loss “carry-back” system. Previously, a Royal Decree was published on 1 September 2020 which further clarifies the formalities to be fulfilled in order to apply the loss “carry-back” system. In our newsflash of 2 July 2020,
Carry-back of losses: law published – listen to our podcast
On 1 July 2020, the law on the temporary tax exemption of profits in anticipation of tax losses realized in the COVID-19 period (the so-called tax loss “carry-back” system) was published in the Belgian Official Gazette. The new law aims to strengthen the liquidity and solvency of companies that were in a sound condition but
COVID-19 #17 Carry-back of tax losses approved by Chamber, cash savings for companies with COVID-19 losses
In the beginning of the COVID-19 health crisis some measures were undertaken with an immediate short-term cash effect, such as the extension of the deadline for tax payments and filings. Recently, as the COVID-19 health crisis appears to be under control, the attention of the Belgian government has been shifting towards measures aimed to cope
COVID-19 #7 Carve-out and sale of non-core or distressed businesses
In the current climate, it is expected that companies in a wide variety of industries will be confronted with a significant drop in sales volumes, possibly causing faltering cashflow positions or even cash crunches. Although the Belgian government, in concertation with financial institutions, are trying to stem the bleeding with short term measures, such as
Limitation of tax losses in case of partial demerger
A partial demerger is a transaction whereby part of the assets and liabilities of the partially demerged company are transferred to another (acquiring) company, which (in principle) issues shares to the parent company of the partially demerged company. In case of a tax-neutral partial demerger, the carried forward tax losses of the partially demerged company
Loss limitation in case of a tax neutral merger: Supreme Court dots the i’s and crosses the t’s
Carried forward tax losses of both the absorbed and absorbing company are subject to limitation upon a tax neutral merger. As regards tax losses of the absorbing company, it is generally accepted by tax practitioners that the loss limitation rule only applies to prior year tax losses (i.e. losses reported in the latest tax return
